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The Theory of Law 'As Claim' and the Inquiry into the Sources of Law: Bruno Leoni in Prospect

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posted on 2023-11-29, 19:58 authored by Daniele BertoliniDaniele Bertolini

[Introduction]: "This Article presents a systematic analysis of the theory of law as claim through a critical review of Bruno Leoni‘s work. I argue that this philosophical theory provides a useful methodological framework for the analysis of lawmaking processes. I also demonstrate how Leoni‘s critique of legislation offers insights into the efficient institutional response to the growing demand for law that has emerged from the increasing complexity of contemporary societies—insights that are particularly relevant in an age characterized by continuing technological changes and profound social mutations. Finally, I contend that the idea of law as claim provides useful guidelines for a critical review of the methodological foundations of the mainstream discipline of law and economics."

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